The Hicks Delivery Group LLC

Kernersville, NORTH CAROLINA

EMPLOYEE HANDBOOK

Effective: April 2022

TABLE OF CONTENTS

EMPLOYEE ACKNOWLEDGEMENT OF HANDBOOK RECEIPT AND REVIEW 4

Section I INTRODUCTION

1.1 Administration of Handbook Policies 5

1.2 Company Administrator 5

1.3 Purpose and Objectives of Handbook Policies 5

1.4 Policy Changes and Amendments 6

1.5 Employment-At-Will 6

Section II FAIR EMPLOYMENT PRACTICES

2.1 Equal Employment Opportunity Policy Statement 7

2.2 Anti-Harassment Policy 7

2.3 Disability Accommodation 9

2.4 Pregnancy Accommodation 10

2.5 Religious Accommodation 11

Section III HIRING

3.1 Date of Hire & Length of Service Credit 13

3.2 Introductory Period 13

3.3 Employment Position Classifications 14

3.4 Job Description 14

3.5 Personal & Emergency Information 14

Section IV GENERAL EMPLOYMENT CONDITIONS

4.1 Hours of Work 16

4.2 Confidential Nature of Work & Non-Disclosure Agreement 17

4.3 Use of Company’s Name and Likeness 18

4.4 Work Product Ownership 19

4.5 Performance Evaluations 19

4.6 Solicitation 19

4.7 Company’s Right to Search 19

4.8 Personal Property 19

Section V EMPLOYEE CONDUCT

5.1 Recording of Time 20

5.2 Dependability, Attendance & Punctuality 20

5.3 Dress Code 21

5.4 Conflict of Interest 22

5.5 Violence in the Workplace 22

5.6 Safety & On the Job Injury 24

Section VI COMPENSATION

6.1 Pay Periods 26

6.2 Wages & Wage Increases 26

6.3 Payroll 26

6.4 Employee Reimbursement 27

Section VII EMPLOYEE BENEFITS

7.1 Disclaimer 28

7.2 IRA/401K 28

7.3 Workers’ Compensation 28

7.4 Health Insurance 28

7.5 Supplemental Insurance 29

7.6 COBRA 29

Section VIII DRUG & ALCOHOL POLICIES

8.1 Smoking 30

8.2 Drug & Alcohol Free Workplace 30

8.3 Drug Testing 30

Section IX TECHNOLOGY & COMPUTER SYSTEMS POLICIES

9.1 Use of Technology & Computer Systems Policy 32

9.2 Electronic Communication Policy 32

9.3 Internet Policy 33

9.4 Social Media Policy 33

9.5 Telephone & Voicemail Policy 34

9.6 Bring Your Own Device Policy 35

9.7 General Considerations 36

Section X TIME OFF AND LEAVES OF ABSENCE

10.1 Paid Time Off (“PTO”) 37

10.2 Personal Time 38

10.3 Holidays 39

10.4 Religious Observances 39

10.5 Jury Duty 39

10.6 Military Leave 39

10.7 Lactation/Breastfeeding 40

10.8 Parent Involvement in School Leave Policy/Juvenile Court Orders Leave 40

10.9 Domestic Violence Leave Policy 40

10.10 Leave Under the Family Medical Leave Act (FMLA) 40

10.11 Meal and Rest Breaks 47

Section XI DISCIPLINE POLICY

11.1 Discipline Authority 48

11.2 Offenses 48

11.3 Progressive Discipline 49

Section XII SEPARATION FROM EMPLOYMENT

12.1 Voluntary Separation 50

12.2 Termination 50

12.3 Employment References 50

SECTION I INTRODUCTION

1.1 Administration of Handbook Policies

This Employee Handbook contains policies for the employees The Hicks Delivery Group LLC. All employees of the Company are charged with the responsibility of administering the policies and procedures contained in this Handbook, and, therefore, must understand and be familiar with its contents.

There will be situations that require administrative interpretation of the policies and procedures contained in this Handbook. Every effort will be made to ensure that such decisions are made objectively with the general intent of the policy in mind.

This Handbook and the policies it references or that are contained herein are the sole policies applicable to Company employees.

Finally, the provisions of this Handbook are not intended to address every situation or circumstance that may arise. If you are ever in doubt whether an activity complies with the Company’s policies contained in this Handbook or its ethical standards, you should discuss it with the Company’s Administrator.

1.2 Company Administrator

All notices or questions which must be submitted to the Company Administrator shall be addressed to the following:

Name: Donnie F. Hicks

Phone Number: 828-***-****

Email: ad3h7y@r.postjobfree.com

Address: 3623 46th Ave NE Hickory, NC 28601

1.3 Purpose & Objectives of Handbook Policies

The employment policies and procedures stated in this Handbook are designed to:

●Promote high morale and foster good working relationships among employees by providing uniform personnel policies and consideration of employee needs;

●Provide fair and equal opportunity for qualified employees to enter and progress in service based upon merit and fitness as determined through objective and practical personnel management methods;

●Enhance the attractiveness of a career with the Company and encourage each of its employees to give their best effort to the Company, its clients and the community; and

●Encourage timely, courteous and dependable service to the Company’s clients/customers.

1.4 Policy Changes and Amendments

There may be occasions when the Company must add, delete or revise specific policies or give current rules a different interpretation from those previously made. The Company has the exclusive right to change practices and policies, both written and unwritten, in its sole discretion and without notice to employees. The Company may discontinue existing practices and policies and/or institute new practices and policies in its sole discretion and without prior notice to employees. The Company will take the appropriate measure(s) to inform employees of any changes to the Handbook.

The policies contained in this Handbook are subject to and drafted in accordance with the laws of the United States and the State of North Carolina.

In the event that any applicable law invalidates or changes any of the provisions contained herein, only those provisions will be changed to comply with law and all other provisions will remain in effect.

1.5 Employment-At-Will

It is important that employees understand the terms of employment. The employee and the Company have an “employment-at-will” relationship. This means the employee, or the Company may terminate employment at any time.

While the Company strives to make the employment relationship a mutually satisfying one, the Company can make no assurances, either expressed or implied, concerning the duration of employment or any possible reason for termination of employment, except that the Company will not terminate you for unlawful reasons. Nothing in this employee handbook should be construed to create an employment agreement for a specified period of time.

In addition, it should be noted that no one has the right to alter the “employment-at-will” relationship except through a written contract signed by the Company’s lawful representative and the employee.

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SECTION II FAIR EMPLOYMENT PRACTICES

2.1 Equal Employment Opportunity Policy Statement

The Company is committed to equal employment opportunity for all employees and applicants. The Company does not discriminate on the basis of actual or perceived race, creed, color, religion, alienage or national origin, ancestry, citizenship status, age, disability or handicap, sex, marital status, veteran status, sexual orientation, political opinion, or any other characteristic protected by applicable federal or state laws.

This policy of Equal Employment Opportunity applies to all policies and procedures relating to recruitment and hiring, compensation, benefits, termination and all other terms and conditions of employment with the Company.

Any employees with questions or concerns regarding equal employment opportunities in the workplace are encouraged to bring these issues to the attention of the Company’s Administrator.

Any violation of this policy must be reported to the Company’s Administrator. The Company will not allow any form of retaliation against individuals who raise issues of equal employment opportunity.

Violation of the Company’s Equal Employment Opportunity Policy will lead to discipline, up to and including termination.

2.2 Anti-Harassment Policy

A. Harassment, Generally

The Company seeks to maintain a working environment free of harassment. The Company will not tolerate harassment of any form within the workplace, on social media websites or other electronic mediums, or in the conduct of the Company’s business with its clients and the public.

B. Sexual Harassment

It is the Company’s policy to prohibit harassment of any employee by any other employee of the Company on the basis of sex or gender. The Company charges all employees with the responsibility for administering and complying with this policy.

While it is not easy to define precisely what types of conduct could constitute sexual harassment, examples of prohibited behavior include, but are not limited to:

●Unwelcome sexual advances;

●Requests for sexual favors;

●Obscene gestures;

●Displaying sexually graphic materials;

●Sending sexually explicit emails, text messages or other social media communication method;

●Verbal or physical conduct of a sexual nature, such as uninvited touching of a sexual nature or sexually related comments;

●Sexual harassment may also include, depending upon the circumstances:

osexual joking;

ovulgar or offensive conversation or jokes; o commenting about an employee’s physical appearance; unwanted conversation regarding sex; or

oteasing or other conduct directed toward a person because of his or her gender which is sufficiently severe or pervasive to create an unprofessional and hostile working environment.

C. Reporting Harassment

If you feel that you have been subjected to conduct which violates this policy, you should immediately report the matter to the Company’s Administrator. If you are unable for any reason or uncomfortable with contacting the Administrator, or if you have not received a satisfactory response within five (5) business days after reporting any incident of harassment, please contact another supervisor, including the Company’s Owner.

D. Investigation Procedure

Every report of harassment will be fully investigated, and corrective action will be taken where appropriate. The Company will request a written statement from the employee alleging harassment, and all other parties involved, to aid the Company in its investigation. All employees must cooperate with all investigations. All complaints will be kept confidential to the extent possible, but confidentiality cannot be guaranteed. The Company will not allow any form of retaliation against individuals who report harassment or who cooperate in the investigations of such reports in accordance with this policy. Employees who make a complaint in bad faith may be subject to disciplinary action, up to and including termination. Violation of any provisions of this policy will result in disciplinary action, up to and including termination.

E. Conflict Resolution

The Company maintains an “open door” communication policy, which can be characterized as the informal process of resolving issues of concern.

The Company also utilizes a formal process, when needed, which follows an established communication process. An employee addressing areas of concern formally should generally follow these steps:

1.Discuss concern with your supervisor.

2.If the issue is not resolved satisfactorily after discussion and follow-up, put your concerns in writing and submit it to your supervisor.

3.If the issue persists, notify your supervisor that you are sending a copy of your written concerns to the Company’s Administrator.

4.The Company’s Administrator will review your problem with you and give you a final response of the Company’s position regarding your concern after consultation with your supervisory and other appropriate Company representatives.

The Company recognizes that some problems may be of such a personal nature or that, for another reason, an employee may prefer not to discuss the problem with his or her supervisor. In such cases, the employee should take his or her concerns directly to the Company’s Administrator. All issues will be considered with respect for everyone involved and with an appreciation for the value of mediation and conflict resolution.

2.3 Disability Accommodation

As applicable, the Company will endeavor to make a reasonable accommodation for the known physical or mental limitations of qualified employees with disabilities unless the accommodation would impose an undue hardship on the operation of the Company’s business. If you need assistance to perform your job duties because of a physical or mental condition, please contact the Company’s Administrator.

If an employee is incapable of performing the essential functions of their job and he/she has contacted the Company’s Administrator, the Company will thereafter engage in an interactive process with the employee to make reasonable accommodations, absent causing undue hardship to the Company. An employee who requires accommodation(s) must provide the Company’s Administrator with the necessary medical records so that the Company can consider job assignments and accommodation. An employee’s requested accommodations may not always be granted as requested, depending upon the circumstances and requirements of the laws applicable to the Company. The Company may request a doctor’s certification of an employee’s ability to perform the essential functions of the job and may also require the employee to be evaluated by an independent doctor of the Company’s choosing to verify any condition and ability to perform essential functions of the job.

An employee requesting reasonable accommodation may be transferred to a vacant position where he/she can perform the essential functions of the job, or be placed in a vacant position with lesser responsibilities and pay where he/she can perform the essential functions of the job.

2.4 Pregnancy Accommodation

Company is committed to protecting the rights of expectant mothers and complying with Title VII of the 1964 Civil Rights Act as amended by the Pregnancy Discrimination Act of 1978. Company’s policy is to treat women affected by pregnancy, childbirth or related medical conditions in the same manner as other employees unable to work because of their physical condition in all employment aspects, including recruitment, hiring, training, promotion, and benefits.

A. Procedures

If you need a Pregnancy Accommodation, you should provide advance notice to the Company Administrator to determine your eligibility for benefits and leave. When possible, you should give at least 30 days' notice of your request for accommodation. If 30 days' notice is not possible because of medical necessity or for other reasons, you should give as much advance notice to Company as possible. Written notice is preferred, but not required.

If you are suffering from a pregnancy-related disability and require reasonable accommodation (which may include leave) for this purpose, please speak with Company Administrator to discuss a reasonable accommodation. You may be required to submit medical certification of your disability.

B. Eligibility Requirements and Benefits

Eligibility will be determined at the time of your request for Pregnancy Accommodation. Pregnant employees may continue to work until they are certified as unable to work by their physician. At that point, pregnant employees may be entitled to receive benefits under Company’s short-term disability insurance plan. If applicable, the Family and Medical Leave Act, as described later in this Handbook, may provide eligible employees with rights and responsibilities, including paid-leave in accordance with the paid-leave substitution provisions of the FMLA policy. Company further recognizes eligible employees’ rights and responsibilities under the Americans with Disabilities Act and all applicable state and local family leave laws.

Pregnancy leave is unpaid. However, employees may use any or all of their accrued but unused vacation or other paid time off during their pregnancy leave.

C. Return to Work

When an eligible employee returns to work after a pregnancy-related leave, she may be required to submit a doctor’s certification stating that she is medically able to return to normal duties. Eligible employees are entitled to return to the same or equivalent job with no loss of service or other rights or privileges.

Should an eligible employee not return to work when release by her physician, she will be considered to have voluntarily terminated her employment with Company. Nothing in this policy requires Company to reemploy individuals who are not eligible for reemployment rights under applicable law.

D. Discrimination and Retaliation Prohibited

Company prohibits and will not tolerate discrimination or retaliation against any eligible employee or applicant because of that person's pregnancy leave. Specifically, no one will be denied employment, reemployment, promotion or any other benefit of employment or be subjected to any adverse employment action based on that person's pregnancy leave. In addition, no one will be disciplined, intimidated or otherwise retaliated against because that person exercised rights under this policy or applicable law.

Company is committed to enforcing this policy against discrimination and retaliation. However, the effectiveness of our efforts depends largely on employees telling us about inappropriate workplace conduct. If employees feel that they or someone else may have been subjected to conduct that violates this policy, they should report it immediately. If employees do not report such conduct, Company may not become aware of a possible violation of this policy and may not be able to take appropriate corrective action.

2.5 Religious Accommodation

Company complies with Title VII of the Civil Rights Act of 1964, and all applicable state and local fair employment practices laws, and is committed to providing equal employment opportunities to all individuals, regardless of their religious beliefs and practices or lack thereof. Consistent with this commitment, Company will provide a reasonable accommodation of an applicant's or employee's sincerely held religious belief if the accommodation would resolve a conflict between the individual's religious beliefs or practices and a work requirement, unless doing so would create an undue hardship for Company.

A. Requesting a Religious Accommodation

If you believe you need an accommodation because of your religious beliefs or practices or lack thereof, you should request an accommodation from the Company Administrator. You may make the request orally or in writing. Company encourages employees to make their request in writing and to include relevant information, such as:

1.A description of the accommodation you are requesting.

2.The reason you need an accommodation.

3.How the accommodation will help resolve the conflict between your religious beliefs or practices or lack thereof and one or more of your work requirements.

After receiving your oral or written request, Company will engage in a dialogue with you to explore potential accommodations that could resolve the conflict between your religious beliefs and practices and one or more of your work requirements. Company encourages you to suggest specific reasonable accommodations that you believe would resolve any such conflict. However, Company is not required to make the specific accommodation requested by you and may provide an alternative, effective accommodation, to the extent any accommodation can be made without imposing an undue hardship on Company

B. Supporting Information

Company may ask you to provide additional information about your religious practices or beliefs and the accommodation requested. If you fail to provide the requested information, your request for an accommodation may be denied.

C. Determinations

Company makes determinations about religious accommodations on a case-bycase basis considering various factors and based on an individualized assessment in each situation.

Company strives to make determinations on religious accommodation requests expeditiously, and will inform the individual once a determination has been made. If you have any questions about an accommodation request you made, please contact the Company Administrator.

D. No Retaliation

Individuals will not be retaliated against for requesting an accommodation in good faith. Company expressly prohibits any form of discipline, reprisal, intimidation, or retaliation against any individual for requesting an accommodation in good faith.

Company is committed to enforcing this policy and prohibiting retaliation against employees and applicants who request an accommodation in good faith. However, the effectiveness of our efforts depends largely on individuals telling us about inappropriate workplace conduct. If employees or applicants feel that they or someone else may have been subjected to conduct that violates this policy, they should report it immediately in accordance with Company’s Complaint procedures. If employees do not report retaliatory conduct, Company may not become aware of a possible violation of this policy and may not be able to take appropriate corrective action.

SECTION III HIRING

3.1 Date of Hire & Length of Service Credit

An employee’s “date of hire”, for purposes of calculating length of service credit to determine entitlements, benefits (i.e. PTO, etc.) or any other purpose, is recorded as first day of employment with the Company.

The accrual of an employee’s length of service credit ceases with termination of employment, whether voluntary, involuntary or retirement. Employees do not receive length of service credit while on layoff or during an unpaid leave of absence.

At the time of hiring, the Company will inform you, either orally or in writing, the promised wages and day and place for payment. Promised wages for the purposes of this paragraph only also mean sick pay, vacation pay, severance pay, commissions, bonuses, and other promised amounts under the Company’s policy or practice.

Please be advised that within 20 days of hiring, the Company will report your name, address, social security number, and the start date of employment to the North Carolina Department of Health and Human Services.

3.2 Introductory Period

The Company requires all newly hired and rehired employees, whether full-time or parttime, to complete an introductory period of ninety (90) working days from the employee’s date of hire. The purpose of the introductory period is to evaluate the new or rehired employee’s performance and capabilities to determine if the employee is suited for the job. Specifically, the Company will monitor and evaluate the employee in the following areas, which include but are not limited to:

●How well the employee executes assigned tasks;

●The employee’s work habits; and

●How well the new employee gets along and works with his/her supervisor(s) and other employees.

An employee’s successful completion of the introductory period does not alter the at-will status of his/her employment relationship with the Company, nor does it guarantee employment for any specific duration or result in an increase in pay.

Newly hired or rehired employees may be terminated prior to completion of the trial service period, with or without cause.

3.3 Employment Position Classifications

A.Full-time: Each employee whose appointment is not temporary and who is scheduled to work a minimum of 30 hours per week, or employees who hold specific salaried positions, are considered full-time employees. Full-time employees may be entitled to benefits in accordance with the Company’s policies.

B.Part-time: Each employee whose position is not temporary and who is regularly scheduled to work less than 30 hours per week is considered a part-time employee. Part-time employees may not be eligible for benefits, unless otherwise informed by the Company.

C.Per Diem Employee: An employee who either (1) works on an on-call or as needed basis. Per Diem employees are not eligible for benefits.

D.Temporary Employee: An employee who works for a limited time, not to exceed 180 calendar days. Temporary employees may not be eligible for group health benefits. Temporary employees may be either exempt or non-exempt. Time worked at temporary status does not count for purposes of determining service credit.

E.Contract Employee/Consultant: A contract employee or consultant is one hired on a contract, for a specific length of time. PTO and other benefits may not be available unless specified in the contract. Consultants and contract employees are engaged for a set time period, at a fixed rate per hour or day.

F.Notwithstanding the foregoing, the Company will comply with any and all federal and state law requirements regarding benefits coverage, as applicable.

Employees will be notified of their employment position classification on their date of hire.

3.4 Job Description

If applicable, employees will be provided with their applicable job description within thirty (30) days of their date of hire. Regardless of whether an employee has received a job description, employees are expected to perform and follow all legal instructions from their supervisor(s). A copy of an employee’s job description will be provided to employee, and a copy will be placed in the employee’s personnel file. The assignment of a job description does not prevent that employee from being required to perform work outside of his/her assigned job duties, and all employees should follow all lawful requests to perform such work.

3.5 Personal & Emergency Information

It shall be the responsibility of each employee to notify, in writing, the Company’s

Administrator of required changes to his/her personal or emergency information.

Examples of the changes include but are not limited to: change of name, change of address and/or phone number, changes in the number of tax withholding exemptions, family status (birth, marriage, divorce, death, etc.), changes in highest level of education attained, etc. Employees must provide the Company’s Administrator with current information on dependents and beneficiaries for insurance purposes. Employees must notify the Company’s Administrator as soon as possible after the change, but no later than 30 days.

SECTION IV GENERAL EMPLOYMENT CONDITIONS

4.1 Hours of Work

The Company generally operates seven (7) days per week with flexible schedules. The Company reserves the right to require employees to modify work schedules in accordance with operational needs.

A. Non-Exempt Employees

Full-Time Employees: When possible, the Company will set standard work schedules for regular, full-time non-exempt employees of either ten (10) hours per day for four (4) days per week or eight (8) hours per day for five (5) days per week. However, the Company cannot guarantee a set work schedule.

While the standard work schedule for a regular, full-time non-exempt employee is forty (40) hours per week, the Company makes no guarantee of a 40-hour week. Various factors such as workloads, operational efficiency and staffing needs may require variations in an employee’s starting and quitting times and in the total hours worked each day or week.

The Company also reserves the right to assign employees to jobs other than their usual assignments whenever necessary.

Part-Time, Per Diem, Temporary, and Contract Employees: The work schedule and job assignments will be determined at the discretion of the Company.

B. Overtime for Non-Exempt Employees

Non-exempt employees will be paid overtime in accordance with applicable state and federal laws, which is generally defined as any time actually worked in excess of forty (40) hours in a workweek. No overtime may be worked without prior authorization. Overtime must be approved by the Company’s Administrator before it is worked. Employees who work overtime without prior approval may be subject to disciplinary action, up to and including termination.

Non-exempt employees are not permitted to work “off-the-clock.” If an employee works “off-the-clock” he or she will be subject to discipline, including termination. Furthermore, if any employee of the Company requests you to work “off-the-clock” you must contact the Administrator as soon as possible.

C. Exempt Employees

Certain other employees, excluding non-exempt employees, are Exempt, salaried employees and will be paid in accordance with the salary determined by the Company’s Administrator. Exempt employees are not entitled to receive overtime.

4.2 Confidential Nature of Work & Non-Disclosure Agreement

All information that is not in the public domain or properly within the rightful possession of an employee prior to his/her date of hire and is obtained through or received due to the employee’s employment relationship with the Company, including confidential or proprietary information of the Company’s clients, is considered proprietary information. Any and all information regarding or received from clients or customers is privileged and confidential and must never be disclosed. The Company considers this information, among other forms of information, as Confidential Information. Company employees must use all reasonable efforts to protect Confidential Information from unauthorized use. Further, Company employees will not disclose Confidential Information, unless required to do so by a court of law. If compelled to disclose such information, the employee shall give the Company as much advanced notice as possible to allow the Company to take all necessary and appropriate action.

Termination of employment with the Company does not relieve the employee of his/her obligation not to disclose such information; the obligation continues indefinitely.

The protection of Confidential

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